Category Archives: FERC

2014 FERC Enforcement Report Emphasizes Internal Compliance Procedures, Self-Reporting, and Importance of Cooperation

By Doron Ezickson, Gregory Lawrence, Greg Kusel and Christopher Polito The Federal Energy Regulatory Commission’s (FERC) Office of Enforcement (Enforcement) 2014 Report on Enforcement (Report), issued on November 20, 2014, provides an overview of and statistics regarding FERC’s enforcement activities during the fiscal year … Continue reading

Posted in Enforcement and Investigations, FERC, Oil & Gas, Power, Regulation

The Fate of FERC Demand Response Order No. 745: Efforts to Adapt While the Judicial and Complaint Processes Play Out

Since our last update regarding the D.C. Circuit’s vacatur of FERC Order No. 745 in Electric Power Supply Ass’n v. FERC ( “EPSA”), several developments have occurred in EPSA and related proceedings.  The appeals process and related complaints at FERC … Continue reading

Posted in FERC, Oil & Gas, Power, Regulation

FERC Revokes MBR Authorization of 26 Suppliers for Delinquent EQRs

By Kenneth Irvin, Terence Healey and Katherine Vorhis On October 30, 2014, the Federal Energy Commission issued an order revoking the market-based rate (“MBR”) authorization of twenty-six (26) retail suppliers for failure to timely file Electric Quarterly Reports (“EQRs”). The FERC had notified … Continue reading

Posted in FERC, Oil & Gas, Power, Regulation

On to the Supreme Court? The D.C. Circuit Denies FERC’s Request for Rehearing En Banc of its Decision to Vacate FERC’s Demand Response Rule

By Kenneth Irvin, Gregory Lawrence, Terence Healey and Thomas Millar On September 17, 2014, the United States Court of Appeals for the District of Columbia Circuit denied the Federal Energy Regulatory Commission’s request for rehearing en banc of the D.C. Circuit’s decision to vacate … Continue reading

Posted in FERC, Oil & Gas, Power, Regulation

Clear Rift Highlighted by Commissioners’ Lack of Action on New England’s Most Recent Forward Capacity Auction Results

By Kenneth Irvin, Gregory Lawrence, Terence Healey and Thomas Millar On September 16, 2014, the Federal Energy Regulatory Commission’s four Commissioners issued statements explaining a 2-2 deadlock between Chairman LaFleur and Commissioner Moeller on the one hand and Commissioner Clark and new Commissioner Bay … Continue reading

Posted in FERC, Oil & Gas, Power, Regulation

Gloves Are Off: FERC Issues Public Notice of Alleged Violations in Powhatan Investigation

By Gregory Lawrence, Terence Healey and Christopher Polito On August 5, 2014, the Federal Energy Regulatory Commission (“FERC”) issued a public Staff Notice of Alleged Violations (“NAV”) regarding alleged manipulative Up To Congestion trading by Powhatan Energy Fund (Powhatan) in the PJM energy … Continue reading

Posted in Enforcement and Investigations, FERC, Oil & Gas, Power

More FERC Federalism: D.C. Circuit Affirms FERC’s Jurisdiction Again – New England Power Generators Ass’n v. FERC

By Kenneth Irvin, Gregory Lawrence, Natalie Mitchell, and Katrina Olsen On July 8, 2014, the United States Court of Appeals for the District of Columbia Circuit denied the petition for review filed by New England Power Generators Association, Inc. and other market participants’ over … Continue reading

Posted in FERC, Oil & Gas, Power, Regulation

FERC Versus State Authorities: Supreme Court Agrees to Review ONEOK v. Learjet

By Kenneth Irvin, Terence Healey, Natalie Mitchell, and Christopher Polito On July 1, 2014, the U.S. Supreme Court granted a petition to hear an appeal by several companies contending that antitrust claims filed against them under state law over alleged manipulation of gas prices … Continue reading

Posted in FERC, Oil & Gas, Power, Regulation

Update Regarding D.C. Circuit’s Demand Response Ruling

By Kenneth Irvin, Gregory Lawrence, Sohair Aguirre and Natalie Mitchell There have been several notable developments in the Electric Power Supply Ass’n v. FERC proceeding, and in other, related proceedings since the firm’s last memo regarding the D.C. Circuit’s demand response ruling. On June … Continue reading

Posted in FERC, Oil & Gas, Power, Regulation

D.C. Circuit Vacates FERC’s Wholesale Demand Response Compensation Rule Because It “Goes Too Far”

By Kenneth Irvin, Gregory Lawrence, Sohair Aguirre and Natalie Mitchell On May 23, 2014, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”), in a 2-1 decision, vacated in its entirety and remanded Order No. 745 of the Federal Energy … Continue reading

Posted in FERC, Oil & Gas, Power, Regulation